AMEND0007_-_BROOKHAVEN_CBA.pdf

RFP NO. TIRMS-13-R-00002

COLLECTIVE BARGAINING AGREEMENT

AMENDMENT NO. 0007

ATTACHMENT 1

BROOKHAVEN, NY - CBA-2008-1985

REGISTER OF WAGE DETERMINATION UNDER O.S. DEPART~~NT OF LABOR

THE SERVICE CON RACT AC IEMPLOyqENT STANDARDS

ADMINISTRATION

By direction of the Secretary WAGE AND HOOR DIVISION of Labor WASHINGTON D.C. 20210

Wage Determination No.: CBA-2008-1985 1j\1illiam y~. Gross R vision No.: 0 Director Date Of Last Revision: 3/14/2008 Divsion of Wage Determinations I state: New York

Area: Suffolk

Employed on IRS contract for Armed Guard Services at the IRS Brookhaven Campus.

Collective Bargaining Agreement between contractor: People' Accident Information Service d/b/a Secur-I, and union: The Brotherhood of Security Personnel, Officers and Guards Union, effective 4/11/2007 through 4/1 0/201 O.

In accordance with Section 2(a) and 4(c) ofth Service Contract Act, as amended, employees employed by the contractor(s) in performing services co lered by the Collective Bargaining Agreement(s) are to be paid wage rates and fi'inge benefits set forth in the current collective bargaining agreement and modifi d extension agreement(s).

AGREEMENT

Y AND BETWEEN

PEOPLE'S ACCIDENT I FORMATIO

SERVICE, INC. d/b/a SECUR-IT

THE BROTHERHOOD OF SECURITY PE SO 'NEL,

OFFICERS AND GUARDS UNION

AGREEMENT

AGREEMENT, made as of the II th day of April, 2007 between People's

Accident Information Service, Inc. d/b/a SECUR-IT, having its principal office at 25-18

Francis Lewis Boulevard, Flushing, New York 11358 (hereinaft I' refelTed to as the

"Employer"), and The Brotherhood of Security Personnel, Officers and Guards Union, with its principal office at 2313 7th Avenue, ew York, New York 10030 (hereinafter referred to as the "Union").

WHEREAS the parties have entered into Collective Bargaining negotiations, which negotiations have resulted in complete agreement between the parties:

NOW, THEREFORE, it is agreed by and between the £1 pioyer and the Union as follows:

ARTICLE I - RECOGNITION

The Employer recognized the Union as the exclusive representative for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment and other conditions of employment for all fuB-time and regular pat1-time uniform guards, including console operators presently employed and hereinafter employed at the site called Internal Revenue Service, Brookhaven Service Center and services off-site facilities, excluding Lieutenants Captains, Supervisors as defined in the

Act, and all other personnel.

ARTICLE II - MANAGEMENT RIGHTS

Except as limited by express provisions of this Agreement, the Employer retains full and complete control over its workforce and operations. The Employer's rights include the following rights by way of example and without limitations except as stated in this Collective Bargaining Agreement: the exclusive right to hire, direct and schedule the workforce, to plan, direct and control operations, to discontinue, reorganize or combine any department or operations with any consequence reduction or any change in the working force, to layoff, promote, assign duties, to discipline or dismiss; to promulgate reasonable rules and regulations; to introduce new or improved methods or facilities, to change shifts schedule and assignments and to require the assignment of additional duties, and in all respects to carry out in addition the ordinary and customary functions of management, 'vvhether or not possessed or exercised by the Employer prior to the execution of this Agreement.

ARTICLE III - UNION SECURITY

1. All present employees covered by this Agreement who, on the date of execution of this Agreement, are members of the Union in good standing shall, during the term of this Agreement, as a condition of continued employment maintain their membership in the Union in good standing by tendering the periodic dues and initiation fees uniformly required as a condition of retaining membership in the Union. All present employees covered by this Agreement who are not members of the Union shall, within ninety (90) days after the execution date of this Agreement, become members of the Union, and shall thereafter, as a condition of continued employment maintain their membership in the

Union in good standing during the term of this Agreement by tendering the initiation fees and periodic dues uniformly required as a condition of acquiring and retaining membership in the Union.

2. All new employees covered by this Agreement, shall as a condition of continued employment, become members of the Union not later than the ninetieth (90th) day following the beginning of such employment, maintain their membership in the Union in good standing by tendering the initiation fees and periodic dues uniformly required as a condition of acquiring and retaining membership in the Union.

3. Whenever the Union charges that any employee is not a member of the Union in good standing as required by the provisions of this Article, and request the discharge of such employee, the Employer shall be so informed by the Union by certified or registered mail and the Employer shall have ten (10) working days following the receipt of such notice within which to investigate the charge. If, during said ten (l0) day period, the employee shall pay his delinquent dues, the Employer shall not be required to discharge such employee.

4. "Good Standing", for the purpose of this Agreement, shall mean the payment or tender of periodic dues uniformly requires as a condition of retaining membership in the

Union.

5. The Union agrees to indemnify the Employer and hold it harml ss from any cost or damage arising from the operat,ion of this Article, including but not limited to, cost of defending claims of wrongful termination, breach of the duty of fair representation, claims or discrimination or damage arising therefrom.

ARTICLE IV - UNION VISITATION

The duly authorized representatives of the Union shall have access to the

Employer's IRS Facility premises during business hours and at su h time as will not interfere with the Employer's operations for the purpose of inv stigating labor conditions and complaints of the employees and conditions of the Agreement are being complied with. The Union will notify the Employer, in advance, of its need to enter the client's facilities. The Employer will then use its best efforts to secure from the client permission for the Union to enter such premises. The Union agrees not to enter such premises until such permission is obtained.

ARTICLE V - DEDUCTION OF UNION DUES

1. Upon receipt of a written authorization from any employee in the form hereto annexed to Exhibit A. The Employer shall pursuant to such authmization deduct once each month from the wages due said employee the regular monthly dues as tixed by the

Union. The Employer shall remit to the Union a check in the amount f the deduction so made by the end of the month in which such deduction is made, together with a list of names and social security numbers of employees upon whose wages such deductions were made. Such deductions shall be made only from the wages due on the employee's first payday each month, provided that a proper authorization is on file with the

Employer. Such deductions shall be made in the amount, certified in writing by the

Union to the Employer, as the amount of th initiation fee and currently monthly Union dues owed by the employee. Initiation fees shall be deducted on two (2) equal monthly payments after the completion of ninety (90) days employment.

2. The Union agrees to indemnify the Employer and hold it harmless from any cost or damage arising from the operation of this Article, including but not limited to, cost of defending claims of wrongful termination, breach of the duty of fair representation, claims or discrimination or damage arising therefrom.

ARTICLK VI - BULLETIN BOA

The Employer shall post and allow th Union the use of a closed bulletin board that the Union will supply in the space made available by the client at Br okhaven

Service Center, 1040 Waverly Avenue, Holtsville, New York 11742. The use of the bulletin board is for Union notices and literature, and shall not be used for the purpose of posting any document that denigrates or defames the Employer. the client, their agents or representatives. It is otherwise mutually understood that the Employer win exercise no control over the use of bulletin board.

A locker room will be provided for all Bargaining Unit employees if the client makes space available. Employer agrees to forward copies of all requests for space to the

Union.

ARTICLE VII- NEW EMPLOYEES

1. AU new bargaining unit employees engaged by the Employer in the job classification covered by this Agreement shall be probationary employees for the first ninety (90) days of employment, excluding time lost due to sickness and other types of absence. The probationary period may be extended by mutual agreement of the parties after written notice to the Union by the Employer up to one additional month.

2. All probationary employees may be disciplined or terminated during or at the nd, but before completion of their probationary period by the Employer, without recourse by the Union or the employee. Such discipline or discharge shall not be subject to the

Grievance and Arbitration Procedure provided by this Agreement.

3. After completion of the probationary period aU employees covered by this

Agreement shall not be discharged or disciplined without just cause and their seniority shall revert to their date of hire.

4. The Employer shall notify the Union of all new employees hired within five (5) days of their first post assignment.

5.

most recent date of continuous employment at the IRS site, not with the Employer.

ARTICLE VIII - WAGES

1. The rates of pay are stated in Exhi bit I

2. All employees ordered to work and prevented from starting through no fault of their own, shall receive a minimum offour (4) hours of pay.

A. Nothing in any provision of this Agreement shall be construed as to effect a reduction in the wage rate of any worker, or pay less than the pr vailing wage rate, any benefits formerly or presently received or to increase the number of hours per week which the worker shall be compelled to work ill order to earn his present weekly wage unless the federal wage and hour determination specifies said reduction.

ARTICLE IX - HOURS OF WORK AND OVERTIME

1. Overtime to be paid for all work in excess of forty (40) hours in any workweek.

The workweek shall start on 0001 Sunday and nd on 2400 Saturday.

2. No employee shall be required to work more than twelve (12) hours in any twenty four (24) hour period unless by an Act of God or a national emergency, except if a shift

(post) is designated at a higher number of hours, in that case aU benefit time will be adjusted accordingly to the higher amount and/or 8 hours between tours.

3. No employee shall be scheduled to work without a minimum of eight (8) hours otf between tours of duty.

4. Wages shall be paid bi-weekly. Payroll checks shall be issued every other

Friday.

5. All hours worked in excess of forty (40) hour per week shall b paid at a rate of time and one-half(l Y2) the individual employee's straight time hourly rate of pay. Two hours of notification is required for involuntarily overtime, except in cases of emergency or where if overtime is refused a post would b left vacant.

6. A. Full-time work hours are defined at 32 hours. Officers may volunteer to work additional hours on their days off; assignment of these hours will be based on the officer's seniority. Where no ofticer's volunteer to work an officer must be mandated to work based on reverse seniority provided the least senior officer is qualified to do the job.

B. Part-time work hours are detlned as any time worked less than 32 hours per week.

ARTICLE X - TRAINING

Where an Employer is required as part of the Employer/Client contract to give training or specialized training, the Employ r will provide this training at no cost to the employees.

ARTICLE XI - HOLIDAYS

I. All employees that are scheduled to work fOliy (40) hours shall receive eight (8) hours pay for the following holidays, or regardless of the day on which the holiday falls.

All others will be paid a prorated rate, except as noted below:

1. New Year's Day 7. Labor Day

2. Martin Luther King Day 8. Columbus day

3. President's Day 9. Veterans Day

4. Good Friday 10. Thanksgiving Day

5. Memorial Day 11. Christmas Day

6. Independence Day 12. Employee's Birthday

_ ••• \. .... ....... -..... oJ ,1-" ......... " ...... ""1. J VJ.l U-U) Vi lHe ~la.lC:U holidays shall receive wages at time and one-half of their regular rate plus the eight (8) hours of pay for the holiday.

3. Employees assigned to work on New Years Day, Thanksgiving and Christmas, shall receive wages at time and one-half of their regular rate for hours worked plus eight

(8) hours pay for the holiday whether the employee is full-time or part-time.

4. Employees must work their scheduled day before and their scheduled day after a holiday in order to be paid for such holiday. In the event an employe is sick, their scheduled day before or their scheduled day after a holiday, he/she must bring a doctor's note to be paid for such holiday.

5. All employees who work on a holiday, and if such hours worked are in excess of fOliy (40) hours worked, such employees shall be paid at the rate of double time plus the eight (8) hours of pay for the holiday.

ARTICLE XII- VACATION

1. All employees shall bid for vacation in accordance with seniority. Once vacation is bid for and granted, no senior employee can request that period of time and receive it.

(No vacation time will be pro-rated and paid or given prior to the employee's anniversary date). For full-time employees, a week's vacati n pay will be computed bases on the average annual hours worked.

Ful1-time employees (32 hours or more) receive vacation pay as per th following schedule:

A. One (I) year but less than 5 years 2 weeks paid vacation

B. Five (5) years but less than 10 years - 3 weeks paid vacation

C. Ten (10) years but less than 15 years 4 w eks paid vacation

D. Fifteen (15) years or more 5 weeks paid vacation

2. Part-time employees will receive prorated vacation based on the average hours worked per week.

3. The Project Manager has the option of limiting the number of employees who may take vacation time during anyone calendar week to no less than 15 picks per week.

Employees shall have the option of receiving their earned vacation pay at the time of their vacation or anniversary date.

4. The Employer shall schedule vacations taking into account the wishes of the employees and the needs of the Employer for ach post and classification. Where there is a conflict in choice of vacation among employees, seniority shall prevail. Once vacations are granted, no senior Security Guard may bump a Security Guard from his/her granted vacation.

5. If a holiday falls within an employee's vacation and the employe is eligible for holiday pay, the Employer, at its discretion, shall extend the vacation by one (1) day, or give the employee an extra day's payor another day off with pay.

6. The Employer shall pay only employees with one (1) year or more of continuous employment at the IRS, who resign with two (2) weeks written n tice to the Employer or are laid off due to a reduction in the work forc ,for vacation earned but not taken at the time of termination of employment.

ARTICLE XIII - SICK LEAVE

1. Employees that are scheduled to work 40 hours per week will be paid eight (8) hours pay for each sick day accumulated during the previous months of the present contract year at the rate of eight (8) hours p r month, for a maximum of twelve (12) days during the contract year.

2. All other employees who work less than forty (40) hours p r week shall accumulate sick leave according to hours worked (see Exhibit 2).

3. All unused sick time will be paid within thirty (30) days from the end of each contract year.

4. Sick time may be used as personal days upon making a request in writing to the

Project Manager at least two (2) weeks in advance of proposed leave, except in an emergency.

ARTICLE XIV - BEREAVEMENT PAY

1. Following the date of death of a SpOli e, mother or father, child, parent, grandparent, brother or sister, and domestic partner (proof of residence will be required), mother-in-law or father-in-law, forty (40) hour employees shall not be required to perform any work for a period of five (5) days if the funeral is out of tate, and three (3) days if the funeral is not out of state. Employees shall be paid at their current rate of pay for every bereavement day used as stated above. Employees will only be paid for those scheduled days that they are absent.

2. Additional time needed for bereavement other than as stated as above, may be granted a Bargaining Unit employee as unpaid leave for up to thre (3) weeks provided staffing permits it.

3. Part-time employees' bereavement pay shall be prorated (see Exhibit 2).

ARTICLE XV - UNIFORMS

1. Uniforms shall be supplied where required by the Employer. Members shall return all uniforms issued to them upon separation of employment.

2. A uniform allowance, in accordance with Exhibit J. will be paid for each regular hour worked, not to exceed forty (40) hours p r week, for the purpose of dry cleaning and maintenance. Uniform arlowance will not be paid for holidays, vacation, sick or any other paid benefit and used benefit.

3. The Employer issues the following listed items to each full/part time employee as a minimum issue of uniforms:

1. Three (3) Long Sleeve Shirts, Winter Type;

2. Three (3) Short Sleeve Shirts, Summer Type;

3. Two (2) Ties;

4. Three (3) Trousers, AH season;

5. One (1) Winter Jacket;

6. One (1) Summer Jacket, Light Weight·

4. Requested replacements for uniforms that are not serviceable shall be received within a reasonable time after the employee made the request.

ARTICLE XVI - JURY DUTY A D WITNESS PAY

1. If an employee is called for jury duty, upon written notice that th employee has served, the Employer shall reimburse the employee for each day served, less all fees collected for serving, at their regular rate of pay. Transportation fees to employees are not to be counted as jury duty pay.

· .. .., _ u \.U,", 1.."""'11& l), lll\",rll II I ~11C:: ~I1(:l11 be compensation at their regular hourly rate of pay for all time needed and used on or off duty.

ARTICLE XVII - PERSONAL LEAVE

1. FOliy (40) hour employees are entitled to three (3) personal leave days upon making a request in writing to the Project Manager at least two (2) weeks in advance of proposed leave, except in an emergency. Personal days will be accrued at the rate of one for every four complete months during the first year of employment, thereafter to be issued in the beginning of each year of employment. Personal days can also be used as sick days. Personal leave can be extended up to thirty (30) worked days (unpaid) not to exceed 15 picks per week. Part-time employees' benefit time will be prorated as set forth in Exhibit 2.

2. Personal leave days may also be used the day before, or the day after a holiday when used in accordance with Paragraph 1 above.

ARTICLE XVIII - SAFETY PROVISIONS AND AY TIME LOST

1. The Employer will make reasonable provisions for the safety and health of its employees, and shall comply with all Federal, State and Municipal requirements for safeguards and cleanliness.

2. Should a worker be injured on the job, he shall be paid for the remainder of the shift if the injury required medical attention and or hospitalization that would preclude the employee from returning to his or her post to perform regular duti s. Thereafter, Worker's Compensation Board shall determine the employee's compensation.

ARTICLE XIX - SENIORITY

1. For the purpose of this Agr ement, seniority shall be defined as the length of continuous employment by an employee employed as a Security Guard at the IRS site.

Seniority shall be the determining fact in the event of a layoff.

2. Bidding for all shifts will be made if there is a 20% redu tion in the permanent hours that are required by contract with the IRS except that in October 2007, the entire facility shall be re-bid.

3. Seniority shall prevail in all matters such as, but not limited to, vacations, holidays, tours, shifts, and "sensitive" posts, as defined by the client, however, assignment to a "sensitive post" is subject to the continuing approval of the client.

ARTICLE XX - GRIEVANCE AND ARBIT TION

Any grievance, complaint or dispute, shall be disposed of as follows:

First Step: Within five (5) working days the employee shall report the grievance to the Union. Holidays and weekend days shall not be considered working days.

Second Step: The Delegate will submit the grievance to the Project Manager within five (5) days from the time the employee brought this grievance to the attention of the Union. If the Delegate is not satisfied with the response or the resolution of the grievance from the Project Manger, the Delegate will inform the Union immediately.

Third Step: Within five (5) days from the response of the Project Manager, the

Union will notify the Employer that it is not satisfied with the response, and will schedule a grievance meeting within five (5) days.

Ifno satisfactory settlement of the grievance has ben reach d, the Union may, within five (5) working days after the grievance meeting, submit a demand for arbitration to the Employer with a copy of such demand to the American Arbitration Association requesting that both parties be furnished with an identical list of Arbitrators from its panels. The Arbitration shall be handled in accordance with the then existing rules of the

American Arbitration Association.

The decision of such Arbitration shall be final and binding upon the parties hereto. The Arbitrator designated pursuant to the above provisions shall have no right to add to, subtract from, or in any way modify the terms and provisions of this Agreement.

Except by mutual agreement of the parties, the Arbitrator shall hear and determine only one gnevance. The expense of the Arbitrator shall be borne equally by the Employer and the Union.

The Union shall have the right to review all complaints lodged by employees of the IRS which result in disciplining any security officer.

ARTICLE XXI - DISCIPLINE AND SUMMARY DISCHARGE

1. In general, the Employer shall utilize the following Progressive Discipline

Procedure when it determines that discipline is warranted:

Verbal Warning (documented)

1st Written Warning

2nd Written Warning

Suspension

Termination

2. Certain circumstances will, however, warrant either the immediate suspension of an employee or the summary termination of the employee. Such circumstances include, but are not limited to, gross insubordination; theft; violence toward others; sale, use, being under the influence of, or possession of illegal drugs or alcohol on the IRS premises; abuse of legal drugs on the IRS premises. Other circumstances, such as, but not limited to, leaving the post without being properly relieved, may warrant the imposition of disciplinary action without strict resort to the abov -referenced Progressive

Disciplinary Procedure.

3. Notwithstanding the above, the parti s recognize that the Employer's client has the right to demand the removal of a Security fficer from its premises. In the event such an event occurs, the Employer shall endeavor to place the employee in any other vacant position it may have within Suffolk County provided that the reason for the removal was not due to any circumstance that would have warranted the termination of the employee.

ARTICLE XXII - NON-DISCRIMlNAnON

It is agreed that the Employer and the Union will comply with the State and

Federal Laws prohibiting discrimination.

ARTICLE XIII - RETIREME T FUND

Effective March 1, 2007, the Employer shall contribute, on a monthly basis, to the

International Brotherhood of Security Personnel401A Plan No. 4406 ("Plan") on behalf of its employees an amount equal to the Pension and H&W amounts set forth in Exhibit

1, hereto, for each hour the employee is paid. Such payment shall be made directly to the

Plan by the 10th day of the month following the month in which the h urs are paid.

~RTICLE XXIV - SAVINGS CLAUSE

Should any pali hereof or any provision herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by any decree of

'-' ~ ~ ~ ..... _... ..... ~ _ .. - tC" ~J presently existing or future created Federal, State or Municipal agency, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof, and they shall remain in full force and effect.

ARTICLE XXV - NO-STRKE. NO-LOCKOUT PROVISION

During the term of this Agreement, the Union and employes covered by this

Agreement will not cause, sanction or engage in any strike, walkout, picketing, slowdown, stoppage of work, retarding of work or boycotting, wheth r of a primary or secondary nature, or in any demonstration f their type of interference with the normal conduct and operation of the Employer.

During the term of this Agreement, the Employer will not engage in any lockout, provided that a decision by the Employer to shut down, merge, or discontinue all or any part of its operations or functions in the bona fide exercise of its management rights set forth in the Article H entitled "Management ights" shall not be deemed to be a lockout.

The Employer shall have the right to discharge, with loss of all rights and benefits, or otherwise discipline any employee who violated any of the provisions of this

Article (and such discipline need not be uniform), and in the event a gri vance is filed the sole questions for arbitration shall be whether the employee engaged in the prohibited activity.

During the term of Agreement, the Union and employees covered by this

Agreement will continue to perform their duties in the event that other employees of the

Employer, labor organizations or other persons engage in any strike, walkout, picketing, slow-down, stoppage of work, retarding of work or boycotting, whether of a primary or secondary nature.

Should any of the above-proscribed activities occur, not can d or sanctioned directly or indirectly by the Union, the Uni n on notification to it b I the Employer of the occurrence of such activity, shall advise the Employer within twenty-four (24) hours in writing that such activity by employees has not been called or sanctioned by the Union.

ARTICLE XXVI ~ FULL AGREEMENT

Prior to and during the negotiation of the Agreement, each party made certain proposals to the other. Each party hereto agrees that it has withdrawn all proposals mad to the other that are not incorporated in or covered by this Agreement, in whole or in part.

The withdrawal of those proposals, in whole or in part, is as much a consideration fOT this

Agreement as is the incorporation herein of matt rs agreed on. Each party hereto hereby waives any rights to require the other to bargain on the subject matter of those proposals or on any similar proposals or on any other matter that might have been included in or covered by this Agreement, but was not. It is the intention of th parties that unless amended in writing signed by the p':lrties, this Agreement during its terms shaH cover all arrangements between the parties concerning wages, hours, and conditions of employment that are to be in effect during said term. The Employer's Manual shall be incorporated herein by reference for all purposes, and shall be in full force and effect except where specifically modified by this Agreement.

ARTICLE XXVII - SUCCESSORS AND A SIG S

This Agreement shall be binding upon and inure to the benefit of the parties hereto and upon their respective successors, purchasers, assignees, and legal representatives. However, the

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Employer shall have no liability to the Union or to the employees in the event a successor, purchaser, assignee or legal representative refuses to assume the Agreement.

This Agreement shall continue in full force and effect from April 11, 2007 through April 10,2010 and from year to year ther after unless either party give ninety

(90) days notice in wri ting to the other party prior to April 10, 2010 or any year thereafter of its desire to terminate, amend or modify this Agreement.

THE BROTHERHOOD OF SECURITY PEOPLE'S ACCIDENT

PERSONNEL, OFFICERS AND GUARDS INFORMATIO SERVICE, INC.

UNION d/b/a SECUR- T

By: _ By:

As: As:

Date: Date:

Exhibit I

IRS WAGE SCHEDULE

CONTRACT Oct. 2006 Oct. 1,2007 Oct. 1,2008

WAGES 21.59 22.25 23.00

NIGHT DIFF. 5%

1.08

7% L.56

9% 2.07

PENSION* .77 .77 .77

UNIFORM .62 .62 .62

H&W* 3.86 3.86 3.86

*The amount set forth for pension and h&w shall be contributed to the International Brotherhood of Security Personnel 40 lA Plan No. 4406, as set forth in Article XIII.

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Exhibit II

IRS HOLTSVILLE SITE

Those employees who work thirty-two (32) hours or less shall be paid holiday, sick, personal and bereavement pay on the following schedule:

Hours Worked Pai Per Week Benefit

8 1.5 hours 16 3.0 hours 24 4.5 hours 32 6.0 hours